Donie Cassidy (Fianna Fail)
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The Order of Business is No. 1, motion re time limit for the Order of Business, to be taken without debate; No. 2, motion re custodial sentences, referral to committee, to be taken without debate; No. 3, statements on the 70th anniversary of the Constitution; and No. 4, Private Members' business, an all-party motion recognising the epidemic in our society of alcohol misuse and illegal drug use, especially cocaine and related substances, and acknowledging the need for a co-ordinated cross-departmental approach to this problem, to be taken at 5.30 p.m. and to concluded at 7.30 p.m.

Frances Fitzgerald (Fine Gael)
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We had a discussion last session about the time limits on the Order of Business. My understanding was that we would return to this matter in the appropriate committee. I will be opposing the Order of Business today on the basis that we should have further discussion about extending the time allowed.

David Norris (Independent)
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Hear, hear.

Frances Fitzgerald (Fine Gael)
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In the six weeks since we last met, we have seen worrying signs of an economic slowdown. Just this morning we heard of over 300 jobs which are to be lost in Arklow. Economic times are clearly getting tougher, but what is more worrying is that we have seen unprecedented wealth squandered. We have seen a lack of reform in the health service. Everybody should listen to recent recordings of "Liveline" in the last few weeks, which dealt with young women and men suffering from cystic fibrosis, or they should read the interviews given by Orla Tinsley on cystic fibrosis in this country. There has been a complete lack of services and the health service has been a sham for them and their families. It is extraordinary that in this time of boom, we have one of the highest incidences of cystic fibrosis in the world and yet we have tolerated such shoddy treatment over the past ten years, despite the eloquent calls of the young sufferers from this disease. What impact did the boom have on these people and on the services they were looking to receive from the State?

A 12 year old was featured on "Liveline" this week who has a curvature of the spine. She was reliant on a private businessman donor coming forward and offering €100,000 in order for her to have an operation in England. Where is the National Treatment Purchase Fund for such a young woman and where is the HSE?

Senators:

Hear, hear.

Frances Fitzgerald (Fine Gael)
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Who is making the decisions and why has she been left waiting a year and a half? What is the explanation, who is accountable and who is responsible? I could go on.

Yesterday a memorandum regarding cutbacks was issued. Given that we are moving into trickier economic times, what is going to happen now in the health service? There are to be cutbacks. Tallaght hospital has indicated its intention to impose cuts. Our Lady's Hospital, Navan, is reducing non-emergency orthopaedic surgery by 25%. Last night I heard of an elderly woman who is in pain and will have to wait 18 months for a hip operation. Non-emergency surgery is being cut in County Louth and within the Cavan-Monaghan General Hospital group an emergency treatment room, which opened very recently at the cost of €1 million, is being shut down. The list goes on.

What is happening in the health service, especially at a time of an economic downturn, when this is the quality of treatment that people are being subjected to? There is a lack of confidence in the Taoiseach and people do not believe he is telling the truth. How can people have confidence in the health service and in the ability of the Government to deliver, given the litany of cases I have outlined, and which seem to need airing on national radio to get any attention.

Joe O'Toole (Independent)
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I echo the point made by Senator Fitzgerald as regards No. 1 being taken without debate and the time limit on the Order of Business. This was discussed in the House before and referred to the Committee on Procedure and Privileges. It has not been disposed of by the CPP, and it is inappropriate to force a division on it today. I regret that the Leader insists on doing that. It is unnecessary and should be dealt with by the CPP.

There is now something of a quandary. If the Order of Business goes through, No. 1 will have been taken without debate which will lead to much unhappiness on the Opposition benches. I have reviewed the Order of Business over the years since the foundation of the State and lengthy debates have taken place at intervals. When he was leader of the Opposition, former Senator Jim Dooge spoke for approximately 45 minutes on an issue on the Order of Business, and it was not ruled out of order.

We have imposed limits on contributions since then and nobody disagrees with that concept. However, the amount of time given to issues is of concern to many people and in view of this I ask the Leader to reconsider, to see whether the matter may be addressed this week. If there is no agreement at that point, then it is fair enough to bring the proposal back into the House. The current proposal constitutes a bad start to the session.

David Norris (Independent)
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Hear, hear.

Joe O'Toole (Independent)
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The issue of the child with autism whose parents are faced with an extraordinary legal bill has seized public attention this week. I do not necessarily agree with what the parents are trying to do. I have told the House before I believe applied behavioural analysis, ABA, is a perfectly good system, but that the Department of Education and Science should have more eclectic arrangements in place. However, that is not the issue. The point is that the parents in question were acting constitutionally as prime educators of their child. They were driven to do something, as there was an imperative on them to do the best for their child. They had no option but to take the matter to its limit. They have done all of us a service by so doing. I am not arguing with the outcome in the courts. The courts came to a decision, right or wrong. However, it is wrong, unfair and undemocratic that these people are now being made bankrupt by fulfilling their constitutional responsibilities and imperatives.

The House passed the Education for Persons with Special Educational Needs Act in 2004. I appealed at that stage for a commencement date to be included. The Minister refused and I was told that parts of the Act would be commenced over time. The Act allowed for the involvement of parents at the assessment stage of a child with educational needs. It provided for an appeal as part of the assessment. It then involved teachers, psychologists, other professionals and parents in the determination of the resources required and, again, the parents have an appeal process built into that.

In terms of the application of resources, it involved a series of professionals and allowed the parents to make appeals. There were to be three systems of appeal, which were accepted and promoted by the Government as an extraordinary commitment on the basis that there would never be a shortage of resources for children with special educational needs. The State's refusal to commence the appropriate sections of the Education for People with Special Educational Needs Act, EPSEN, has driven these parents to go the route of the law as far as the Supreme Court to try to get what is best for their child. There would have been no need for them to have done so had we put in place what was passed by the Oireachtas. The Government's failure to implement the appropriate sections, or 90%, of the EPSEN Act, means these parents are now in this quandary. We owe them something and I ask the Leader to bring it to them.

Alex White (Labour)
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I do not see the necessity for the proposal in respect of the Order of Business having to be agreed in the manner suggested by the Leader. I agree with those speakers who stated this matter was not resolved in the previous session. I would not have thought there would have been a major problem with the matter being left to the Committee on Procedure and Privileges to be discussed further.

In case I am giving the impression that I believe there ought to be a change, previously I expressed the view that 40 minutes is a reasonable duration. I want to be straight about what my view is. I do not see why other Members, on both sides of the House who need those extra minutes on the Order of Business should not have them. The CPP might like to see us having a further debate about it to get the duration right. I do not see the problem with sending it back to that committee. I disagree with the Leader that the matter must be resolved in such a quick manner at the beginning of the session. I support it being returned to the CPP.

On a related matter, a debate has taken place during the past 24 hours on the amount of legislation being presented by the Government to the Houses of the Oireachtas. It raises a real credibility issue for both Houses. It is remarkable how little legislation has been proposed by the Government since the Houses first sat last autumn. The Government Chief Whip made the point that it is early days for the new Government and this is what happens. Perhaps there is something to this. Legislation proposed by the Opposition, however, such as a Bill on climate change or witness protection, gets short shrift from Ministers coming to the House who politely tell us where to put our proposals. We know legislation can be produced quickly and put through the Houses as we saw prior to Christmas when the Government believed it needed to have legislation passed to deal with what it saw as a crisis.

Will the Leader ask the Minister for Justice, Equality and Law Reform to come to the House and explain his proposal to issue a directive in respect of the retention of all e-mail and Internet activity by citizens of the State for a period of three years? This should be done prior to the issuing of such a directive so at least we can have some debate before such a far-reaching measure is implemented.

We know a basis exists for orders being made to preserve this type of information, as we have seen in high-profile criminal cases where the Garda needed such information preserved. We all support that. However, this is a blanket provision for the retention of records of all e-mails and exchanges over the Internet of every citizen of the State. Surely this should be the subject of legislation and debated in both Houses. It may be justifiable although I doubt such a blanket provision can be justified. Regardless of whether it is justifiable, it is amenable to a debate in this House during which people can express their views. It is not suitable for the Government to put it through by way of ministerial order without public debate.

Déirdre de Búrca (Green Party)
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Will the Leader invite the Minister for Enterprise, Trade and Employment to the House as soon as possible to respond to the announcement in my constituency today, which has caused great concern, to the effect that Allergan will close its operations in Arklow and relocate to low-cost Costa Rica. This is a matter of grave concern for the 350 employees working for the firm who have been left in a position of great uncertainty. Most of them, like the rest of us, have mortgages, young families, car loans and so forth and all of them are facing into an uncertain future. I ask that the Minister for Enterprise, Trade and Employment come before the House to outline the strategy his Department will adopt in response to a worrying trend whereby companies are increasingly relocating their operations not on the basis of poor performance or problems with profit margins but because of the attractiveness of low-cost locations in other parts of the world.

The House should also seek a commitment that the Minister will pursue the matter of finding a replacement industry for Arklow, a designated growth centre under the strategic planning guidelines and a town with a young and growing population. In recent years, the IDA has been asked to be more proactive in securing industry for Arklow but has not yet managed to deliver. I ask that the Minister come before the House to address the issue as a matter of urgency.

I also ask the Leader to request that the Minister for Education and Science come before the House to address the Ó Cuanacháin judgment, which is a matter of concern. I would like to hear her response to the decision by the High Court not to allow the costs incurred by the Ó Cuanacháin family to be covered. This was a public interest case involving a couple who were seeking to secure appropriate education for their young son with autism. The form of education in question, ABA, is available in other areas and the programme for Government includes a commitment to make permanent the 12 ABA schools currently operating on an interim basis. It appears that if one lives in County Wicklow, as the Ó Cuanacháin parents do, one's child is not able to access this specialised, important methodology for working with children with autism at an early stage. If, however, they lived over the county border in Dublin, they would be able to access this form of education. This is extremely unfair.

The Ó Cuanacháin parents argued an important case in the High Court. It was an unusually long hearing which lasted for 69 days. Under the High Court ruling issued yesterday they will have to bear their legal costs. I ask the Leader to request that the Minister come before the House to outline her views on the case. I hope the appeal to the Supreme Court will result in a different judgment for the Ó Cuanacháin family.

Fidelma Healy Eames (Fine Gael)
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As the Fine Gael Party spokesperson on education, I am astounded by the High Court decision that the parents of a seven year old autistic child, the Ó Cuanacháins, are not entitled to legal costs of seven figures. The couple were doing no more than defending their legal entitlement to an appropriate education for their son. The key word in this context is "appropriate". They wanted applied behavioural analysis — ABA — tuition. Much quantitative evidence is available from families whose children have received this education to show that it works. I have also observed this method working in a school in Galway, Ábalta.

I am very concerned by the decision of the High Court in this case. First, the parents were failed by the State which did not provide appropriate education and early intervention for their son for years. Now the courts are putting the fear of God into 150 families who may also wish to defend their legal entitlement to appropriate education. The Minister favours an eclectic approach to education for autistic children. I have not seen supporting research for this approach. The issue will be raised at the Joint Committee on Education and Science which is discussing this area. Cost should not be a factor in the provision of education for children with autism. Appropriate education is what matters because it will, in the long run, lead to the formation of independent young adults. Evidence in support of ABA is available.

Labhrás Ó Murchú (Fianna Fail)
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I understand RTE intends to cease its medium wave transmission service on RTE Radio 1 as and from March. I have received correspondence from Britain and I am told that if this service is withdrawn it will impact severely on the Irish community in Britain, especially on the older members of the community. These people had to leave Ireland before the Celtic tiger was born and at the same time they made a huge contribution to Ireland by sending back money at a time when it was badly needed. They still make a contribution to tourism because they come back to Ireland regularly. They have been taken for granted often and have been ignored as well. One thing they have always appreciated has been that they can keep in touch with the homeland through radio. I know from going to Britain that programmes such as "Céilí House", "Fáilte Isteach" and GAA activities are all the lifeline they have back to Ireland. Would it not be sad when the Celtic tiger is alive and well that we would take this service from them?

David Norris (Independent)
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It is not well. How can the Senator say that? In fact it is quite ill.

Fidelma Healy Eames (Fine Gael)
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Alive and well?

Pat Moylan (Fianna Fail)
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Senator Ó Murchú without interruption, please.

Labhrás Ó Murchú (Fianna Fail)
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Would it not be very sad at this time when the Celtic tiger is alive and well——

David Norris (Independent)
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It is not well.

Pat Moylan (Fianna Fail)
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I ask the Senator to show respect for the House.

Labhrás Ó Murchú (Fianna Fail)
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He will not be interrupted when he speaks.

Pat Moylan (Fianna Fail)
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That is right.

David Norris (Independent)
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I hope I will.

Labhrás Ó Murchú (Fianna Fail)
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He will not. It would be very sad, at this time when the Celtic tiger is alive and well, if this particular service were to be withdrawn from the Irish community in Britain. I ask RTE to revisit this decision. Whatever the cost, it is the one thing we owe the Irish community in Britain. I hope that from this House we can take a stand for them because I have heard people here bemoaning the difficulties the older Irish generation must contend with. Often they do not have pensions or social back-up. It is vital that we leave with them what they appreciate, that is, RTE Radio 1. I hope RTE will reconsider that decision.

Senators:

Hear, hear.

David Norris (Independent)
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Despite my disagreement over the state of health of the Celtic tiger I agree with Senator Ó Murchú about the RTE Radio 1 medium wave service, especially because it will represent a further downgrading of the broadcasting of religious services on Sundays and that is very regrettable.

I wish to turn to the business of the Ó Cuanacháin family. I have had the pleasure of meeting Mrs. Ó Cuanacháin. She is a person who is motivated very strongly by the welfare of her son. It is instructive that legislators on all sides of this House have said today it is a matter of public interest because, to my surprise, the judge in his judgment said it was not of sufficient public importance for the court, in exercising its discretion on costs, to justify making an order in favour of the Ó Cuanacháins. He went on to make the point that under examination Mrs. Ó Cuanacháin had said this was not a class action. Of course she did. I have been in that situation as well. I took what was effectively a class action but, on advice from lawyers, I had to say it was not because it would have been ruled out if I had said it was. That is an unfair advantage to take of evidence which the woman was probably compelled by the nature of the case to give.

It seems extraordinary to me to neglect the fact that this was plainly a highly significant constitutional point that was determined by the High Court, that is, that the Minister for Education and Science and not the parent or parents had the right to decide what is in the best interests of the child. This is a significant alteration by the courts to what I understand of Article 42 of the Constitution which reads:

The State acknowledges that the primary and natural educator of the child is the Family and guarantees to respect the inalienable right and duty of parents to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children.

Parents shall be free to provide this education in their homes and so on and so forth but, more importantly, Article 42.3.1° reads:

The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State.

This is a highly significant constitutional point which has been glossed by this court in a way that is negative for the interests of the parents. For that reason, it seems this family should be reimbursed. The Government has made its point. It wanted to give a family a bloody nose and I understand a significant number of subsequent cases have now been dropped.

Fidelma Healy Eames (Fine Gael)
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Absolutely.

David Norris (Independent)
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It would be shameful to pursue this family into bankruptcy. The fact that Members on all sides have made this point should give the Government pause to consider.

This is part of an increasing trend towards autocratic and non-accountable Government, as evidenced by the new immigration Bill, which should be called the ease of deportation Bill because, although it contains some useful measures, it does not live up to the promise clearly given in the programme for Government that there would be access to the courts for all and a system of independent arbitration. I look forward to a debate on this matter.

Will the Leader also request information on the status of the national marine conservation and educational centre? I have on record from 2005 the ecstatic welcome given by the Minister of State, Deputy Trevor Sargent, the then leader of the Green Party, because €2 million in funding was to be made available for this remarkable project, which would be valuable in terms of tourism as well as wildlife conservation. Yet, I understand, one element has not signed up to the contract so the funding is in danger of being lost. People like Brendan Price are once again putting their homes on the line to make up this deficiency. The issue needs to be examined.

With regard to the Government's legislative programme, I note that despite everything that has been said, the civil partnership Bill comes under the heading "Bills in respect of which heads have yet to be approved by Government". We have been fobbed off again. We were told the heads of the Bill had been prepared but nothing has been done. Why do we not, for example, take the Bill on this issue that was drafted by Senator Bacik and I and let the Government amend it? It is clear it will do damn all.

Terry Leyden (Fianna Fail)
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I support Senator Labhrás Ó Murchú's request with regard to RTE and the continuation of medium wave services. Approximately 10% of listeners have medium wave and it is used quite extensively, particularly overseas as well as here at home. I cannot understand what justification RTE would give for the discontinuation of the service. Perhaps we could request the Leader to have the matter discussed in the Chamber and bring the responsible Minister to the House.

Will the Leader arrange a discussion on the proposal published on the website of the Director of Public Prosecutions, Mr. James Hamilton, and which I greatly welcome, seeking submissions with regard to policy on the giving of reasons for non-prosecution in many cases?

I also take this opportunity to ask the DPP why he has re-entered the prosecution on Michael Fahy, the councillor from County Galway who was acquitted in the Court of Criminal Appeal on 28 November. He suffered eight months in Castlerea Prison and was given a considerable fine but he has recommenced his work as a member of Galway County Council. Now, the DPP has decided to re-enter a case against him. This is not prosecution, it is persecution of a man doing his duty — he brought his mother home for Christmas from a welfare home. The DPP has decided it was a mistrial, irrespective of the decision by Mr. Justice Finnegan, Mr. Justice Feeney and Ms Justice Irvine that the case was to be thrown out.

In the circumstances, I ask the Director of Public Prosecutions, Mr. Hamilton, why he has re-entered this case when there are so many cases to be heard before our courts. It is a waste of public funds and the matter should be left aside. This man has suffered enough. I ask the DPP to reconsider his decision.

Eugene Regan (Fine Gael)
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We agreed a number of months ago that there would be a debate in the Seanad on the Lisbon Treaty. When will we have that debate? It is also agreed that there will be a referendum. When will we have it? The Taoiseach and the Government are playing games with the date for the referendum, which is damaging to the prospects of a full and open public debate on the treaty. I fully appreciate that the Taoiseach has an appointment in Washington following in the tradition of Liam Cosgrave, who addressed the joint Houses of Congress on 17 March 1976.

Ann Ormonde (Fianna Fail)
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We could go back further.

Pat Moylan (Fianna Fail)
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Senator Regan without interruption, please.

Senators:

There will be no dig out there.

Eugene Regan (Fine Gael)
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Liam Cosgrave was the first Taoiseach to address both Houses of Congress, followed by Garret FitzGerald on 15 March 1984 and John Bruton on 11 December 1996. I appreciate this is an important event and I do not wish to take from that. The Taoiseach also has other appointments, not least with the Mahon tribunal, and these are a distraction but this referendum is important to Ireland and to Europe.

The Taoiseach could announce a date for the referendum without waiting for the adoption of the referendum Bill or the making of the referendum order. I urge him to do so. By fixing a date he could allow the debate to begin. If the referendum is held before the summer it will be like the first Nice treaty referendum, when there will not be enough time for proper information to be provided to the public in the form of facts on the treaty. The procrastination on fixing a date now appears to be leading to a situation where the referendum may be delayed until the autumn. That would be most unfortunate because it would allow much of the misinformation currently being circulated to gain currency. I fully endorse the call in The Irish Times today for the speedy establishment of the referendum commission. In the interim, however, I ask the Leader to address the issue of legislation and the fixing of a referendum date.

Cecilia Keaveney (Fianna Fail)
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There is nothing to stop Senators or Deputies from starting their own campaigns on the treaty, thus getting the information into the public domain. We all have a role in selling this treaty.

I agree with Senator Ó Murchú's remarks on RTE Radio's medium wave service. Parts of the North do not seem to be able to get very good FM coverage.

Jerry Buttimer (Fine Gael)
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And parts of the South.

Cecilia Keaveney (Fianna Fail)
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People rely on medium wave coverage in certain areas. In an all-island context, not to mention expatriates in Britain, RTE is doing a great disservice in discontinuing its radio output on medium wave.

Before Christmas, the Minister of State at the Department of Education and Science, Deputy Seán Haughey, said that various agencies should co-operate to reduce the number of early school leavers. I ask the Leader to arrange for the Minister of State to attend the House for a timely debate on early school leaving and the development of vocational skills to support current economic developments. The debate could also include access funding to ensure that disadvantaged students can attend third level education. The National Special Education Council could also be involved in the discussions as to how we maintain people with special needs in our system as well as encouraging people back into education who might currently be avoiding school attendance. I ask the Leader to consider those points in the context of a forthcoming debate.

Phil Prendergast (Labour)
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I join other speakers in requesting the Minister for Health and Children to attend the House for a debate on the cystic fibrosis issue, including the Pollock report on CF services. The Minister should also release the report that was promised in December on Dublin maternity services and the implications for such services where delivery rates are approximately 1,000 per annum. I wish to ask the Minister if existing services, such as colposcopy services, will be cut when cervical screening starts. Breast screening services in the local hospital in south Tipperary have been transferred to Waterford with the indication that next year colon and prostate services will be transferred to Waterford. I have a serious concern that the erosion of local health services will be to the detriment of the population of the area in which I live. Will the Leader arrange for the Minister for Health and Children to come to the House to deal with these issues?

Denis O'Donovan (Fianna Fail)
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I wish to raise a number of matters. First, I would like to issue an SOS call. I have asked the Leader on three or four occasions about the long awaited Cork-Swansea ferry service and I am seriously concerned that the route may not materialise this year. We were without a ferry last year and the service is of critical importance to the local economy in Cork and Kerry and the tourism industry, in particular, and to people living in remote parts of west Cork and Kerry. Will the Leader redouble his efforts to make progress on this before we are on the rocks totally?

Second, I refer to the Ó Cuanacháin decision in the High Court. I accept it is an extremely sad, difficult decision and the case ran in the High Court for a long time. However, the court has decided on this delicate issue. Mr. Justice Peart is an excellent judge and having read his obiter dictum, I am under the impression that had a class action been taken on behalf of the approximately 150 children in this autism category, it might have been considered to be have been of sufficient public interest to award costs against the State and the HSE, which would have meant a huge saving for the family.

David Norris (Independent)
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There is no provision for taking a class action in this country. It would have been ruled out immediately if the family had taken a class action.

Pat Moylan (Fianna Fail)
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Senator O'Donovan without interruption.

Denis O'Donovan (Fianna Fail)
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That is my reading of the judgment if the decision on costs is appealed to the Supreme Court. I fully empathise with the family who have my full compassion.

Third, I refer to an issue close to my heart. I wish the negotiators and the mediator in the Cork GAA dispute every success. It would be a travesty of justice for the county that has won most All-Ireland medals that it will be unable to field at team this year.

Joe O'Toole (Independent)
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Is the Senator not lucky he lives in the Kerry diocese?

Pat Moylan (Fianna Fail)
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The Senator should refer to the Order of Business.

Denis O'Donovan (Fianna Fail)
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The Cathaoirleach's heart is close to the matter I raise. It would be serious if Cork was out of the fray in the forthcoming league or championship. It would be a travesty of justice and the All-Ireland series would not be complete without the team.

Pat Moylan (Fianna Fail)
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That is not relevant to the Order of Business but my heart would be with the Faithful County, which will hardly trouble Cork this year.

Rónán Mullen (Independent)
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I support those who are concerned about the motion to maintain the limit on the Order of Business at 40 minutes. This matter should be left to the Committee on Procedures and Privileges, as Senator O'Toole stated, for a number of reasons. This is the one occasion in the day when the House is almost full. In addition, we have not exactly been overburdened with legislation for our consideration.

David Norris (Independent)
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Hear, hear. There is none this week.

Rónán Mullen (Independent)
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In the spirit of debate, the Order of Business presents an opportunity to Senators to raise issues of concern to the public. I appeal to Senator Cassidy to withdraw the motion in order that it can be deliberated on in the proper way, as suggested by Senator O'Toole.

I thank Senator Labhrás Ó Murchú for raising the issue of RTE's decision on medium wave transmissions. I am concerned that RTE does not think sufficiently of its remit as a public service broadcaster. When it comes to the salaries of its leading lights, one would not think it is a public service broadcaster. It is all too easy to forget our emigrants and those who tune in to morning mass on a Sunday or whatever else but who do not have long wave or medium wave on their radios. Before Christmas I raised the shameful lack of radio and television services for elderly people, particularly those in nursing homes. It is another example of RTE not fulfilling its remit as a public service broadcaster.

I thank the Labour Party — something I seldom do — for its courageous stance in opposing the sex industry and calling for curbs on lap dancing clubs. At the very least we should give the power to local communities to say "no" to such clubs. The Minister for the Environment, Heritage and Local Government, Deputy Gormley, has stated he cannot make a specific commitment on the issue because he does not want to pre-empt a forthcoming Government policy document. However, if it was a matter pertaining to the environment, he would rightly express his personal views as a Green Party Minister. Social responsibility demands of us that we give the power to communities to refuse lap dancing clubs because, at the end of the day, the free market stops when we start to exploit other people. That applies as much to the denial of the integrity of women's bodies as to the sale of organs for medical purposes. I ask the Government to take a courageous stand by initiating a debate in this House at the earliest opportunity in order that we can all be heard on the issue.

Pearse Doherty (Sinn Fein)
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I ask that the Leader arrange the debate on the marine rescue co-ordination centres in Malin Head and Valencia to which he committed on the Order of Business of 15 December. He expressed his hope that an all-party agreement could be reached to strenuously oppose the proposal and he wanted to ensure the Minister would attend the House before the Christmas recess. While that unfortunately did not happen, I hope the debate will be arranged as soon as possible.

I ask that the Minister of State at the Department of Finance, Deputy Noel Ahern, come to the House to discuss the very interesting and positive OPW energy awareness campaign which he launched last Monday. This campaign will affect the 250 State buildings administered by the OPW. He announced that as part of the campaign 20 existing oil-fired heating systems will be converted to biomass. At the same time, however, new buildings are being constructed, including one in Buncrana, County Donegal, to house the decentralisation offices and the local Garda station. The OPW has advised the best solution for that building is an oil-fired heating system. I would like the Minister of State to tell the House whether he is serious about this campaign or if it is merely another press release and broken promise.

Pat Moylan (Fianna Fail)
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A matter on the Adjournment refers to the issues raised by the Senator.

Jerry Buttimer (Fine Gael)
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I pay tribute to the Irish Examiner on yesterday's wonderful supplement on drugs. I ask the Leader to arrange a debate on the health promotion unit of the Departments of Health and Children and Education and Science because the newspaper's supplement is filling a void created by the absence of Government action.

I join other Senators in noting the withdrawal by RTE of its medium wave radio service. I ask that the relevant Minister attend the House in order that we can debate the role of the national broadcaster. Senator Ó Murchú raised the issue of emigrants abroad but people within the country will not have access to RTE once the medium wave service is lost. I am particularly conscious that many people listen to religious programmes and sports coverage on medium wave. A dual commitment, therefore, is being reneged upon by RTE.

I concur with Senator Donovan on the urgent need for a debate on the provision of a Cork-Swansea ferry service. The tourism industry of the south west needs a ferry service but action on this has been lacking. It would be a shame if another summer passed without such a service.

Alan Kelly (Labour)
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I ask the Minister of Education and Science to come to the House to discuss the issue of third level access. In this regard I refer to mature students and those who recently have lost their jobs because of the turnaround in the fortunes of the Celtic tiger, which unfortunately is quite sick at present, especially in respect of the construction and manufacturing sectors. It is sad to note that although hundreds of places remain unfilled in a number of third level institutions, people who have been made redundant through no fault of their own are unable to take them up. A more innovative application process and system should be put in place to facilitate such individual, particularly given the present downturn in the economy. The phenomenon of idle places is nationwide and is not limited to a single region but is particularly prevalent outside Dublin.

The suggestion that those who have been made redundant from the construction or manufacturing sectors require "upskilling" is incorrect as such people already possess skills. While it is unfortunate that their skills are no longer required, such people need reskilling. In many cases they must enter a third level institution to do so, therefore, it is regrettable they are not facilitated in respect of the places available.

An indication that the economy is changing comes from the annual opportunities exhibition taking place in the RDS, at which 16 countries, including most eastern European countries, are advertising to attract back construction industry workers. They probably will attract some Irish workers at the same time. This is a sign of the times and four regions in Poland are attempting to do so. The people in Ireland who are being discommoded and are losing their jobs should be facilitated in respect of third level education.

When the Minister for Education and Science appears before the House to discuss this issue she could also give Members her opinion in respect of the Ó Cuanacháin judgment. In addition, in the absence of the summer works programme she should specify how she proposes to facilitate the maintenance work carried out on schools nationwide during the summer. Boards of management are under enough pressure to raise funds for their schools without the removal of this grant scheme.

Fidelma Healy Eames (Fine Gael)
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Hear, hear.

Alan Kelly (Labour)
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The Government allowed applications for this fund to be made prior to the budget in the knowledge that it would be taken away in the budget. That was disgraceful.

I ask the Leader whether he can update Members regarding the mid-western development plan, which was put together last May and about which Members have heard nothing. I am unsure whether it ever will take place, particularly in the wake of the advent of the open skies policy and the possibility that Air France will withdraw its significant cargo service from Shannon Airport. The Government has committed to a plan for the mid-west but has not yet implemented anything.

I have asked for a debate on tourism for a long time, a subject close to the Leader's heart. Before Christmas, the Leader gave a commitment that such a debate would be held in early February. Has a date been set? The figures published earlier in January indicate the industry is suffering from what is termed the "hole in the doughnut", with the midlands and mid-west losing out.

Shane Ross (Independent)
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I have been listening carefully to the debate on the Order of Business and a fair consensus appears to exist among Members in respect of yesterday's High Court decision on the Ó Cuanacháin case. Like Senator Norris, I have met the woman in question and was most impressed by what she had to say. If this House is so concerned about the matter, perhaps Members could discuss it today.

David Norris (Independent)
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Hear, hear.

Shane Ross (Independent)
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I intend to propose an amendment to the Order of Business. Members are not overburdened with business or legislation. If this House is to mean anything to anyone, it should be able to discuss immediate matters, rather than matters of lesser immediacy. The House is scheduled to discuss the 70-year old Constitution, but Members might better discuss what happened in the High Court yesterday instead.

Senators:

Hear, hear.

Shane Ross (Independent)
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Perhaps the Leader will agree to a debate on this subject. Some serious issues arise, into which I do not wish to delve because it is late and the allotted time has been extended. However, it is extraordinary to see such newspaper headlines as appeared today to the effect that the case may cost the family €5 million. How can they possibly charge these fees to those who cannot afford them?

Senators:

Hear, hear.

Shane Ross (Independent)
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One should also ask whether those who cannot afford the fees will be prevented from proceeding with their cases. One hundred and fifty cases are to be withdrawn because sufficient resources are not available to take such important, meritorious cases in the courts. I propose we discuss the judgment in the Ó Cuanacháin case immediately after the Order of Business. If the Leader can promise that the issue will be debated in the immediate future, I will not press my proposal.

Paschal Donohoe (Fine Gael)
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One of the main topics discussed so far on the Order of Business has been the state of the economy and the impact the downturn is having on manufacturing jobs nationwide, especially in County Wicklow today. I join my colleagues in asking for a debate on our economic future. One likely response to the debate will stress the need for the Government to continue to invest in research, development and innovation.

A study published some weeks ago by University College Cork stated that, in spite of the €600 million spent under the previous national development plan and the €1.1 billion to be spent under the current national development plan on research and development through the higher education institutions, no evidence exists of a link between expenditure and actual commercial innovation. Although we will spend considerable time ascertaining how we can develop a more skilled and innovative economy, the study states our approach is not working. According to those who work in the business, the €1.1 billion is not being spent in the correct way. Our debate should focus on the manner in which we stimulate economic innovation and ensure taxpayers' money is spent correctly to deliver in this regard.

Paul Coghlan (Fine Gael)
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I second Senator Ross's proposal that we discuss the Ó Cuanacháin judgment today in light of its importance.

I am deeply concerned that such a significant State property as Killarney House remains closed and is deteriorating rapidly. It is in the heart of Killarney beside our foremost national park and was listed for refurbishment in 2006 in the national park's management plan for the period 2005 to 2009. There was an opportunity to obtain funding under the national development plan through Fáilte Ireland and in that regard Killarney interests, spearheaded by the national park liaison committee, submitted a detailed proposal to the relevant authorities. The proposal required the approval of the sponsoring Department but, sadly, someone in the national parks and wildlife service took it upon himself or herself to withdraw approval. I am sure it was withdrawn without the Minister's knowledge or approval. In a visit to Kerry last week, the Minister indicated he is looking elsewhere for funding, exploring all avenues and remains focused on the project.

What has happened is both sad and maddening and very much against the national interest. It is akin to national sabotage and it is not how things should happen in our democracy. I would like the Leader to ask the Minister to investigate this matter. I wish the Minister well in this regard. Something dastardly has happened and we must get back on track.

Nicky McFadden (Fine Gael)
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Young people in the midlands are being denied access to free dental care. Will the Leader invite the Minister for Health and Children to outline to the House whether this is an issue that relates specifically to the midlands and to explain the medical care provisions for children from when they begin primary school until the age of 16? Free dental care should be available to children nationwide. The Minister must outline the full detail of the programme.

Feargal Quinn (Independent)
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I support the call for an urgent debate on the Lisbon treaty. Debate is taking place elsewhere but it is important that it also be facilitated in this House. The Taoiseach will attend a sitting of the National Forum on Europe tomorrow to discuss the treaty. Yesterday's meeting of the Joint Oireachtas Committee on European Affairs involved a discussion with two agricultural delegations. I was impressed by the interest they showed in the treaty.

I speak with a vested interest in expressing my surprise at yesterday's call by the Irish Farmers Association, IFA, for supermarkets to raise their prices to allow for an increase in the unjustly low payments received by farmers for their produce. This is the type of issue that should be debated in the context of a wider discussion on Europe. While EU set-aside provisions mean that farmers within the Union are paid not to grow anything, 1 billion people worldwide go to bed hungry every night. The debate on the Lisbon treaty, which must incorporate a consideration of the future of agriculture in Europe, should take place urgently to ensure it receives the attention it deserves. All aspects must be discussed before we can make a decision on it.

John Paul Phelan (Fine Gael)
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I support Senator Quinn's call for a debate on the future of agriculture in Europe. I agree with Senator Fitzgerald and other speakers in their request that the Leader reconsider the proposal to limit the Order of Business. Members on both sides of the House regularly and justifiably complain about the lack of coverage by various media outlets of the proceedings of this House. Any proposal to limit artificially what is generally the most interesting aspect of our daily business will not assist us in securing increased media interest in our work.

I agree with Senator Alex White's comments on this week's schedule, which includes only three items of business. It is unacceptable that the Government proposes to limit the Order of Business when there is so little work on the schedule. With all due respect to my eminent colleague, Senator Regan, whose contribution to the discussion on the 70th anniversary of the Constitution will undoubtedly be outstanding, there are more important issues to discuss. There is more than enough time in the schedule to accommodate some of the issues raised by speakers today.

I share the concerns expressed by Senator Ross and other speakers in regard to the High Court judgment in the Ó Cuanacháin case. A debate on this issue should be accommodated later today or tomorrow.

I support the calls by Senators de Búrca and Donohoe for the Minister for Enterprise, Trade and Employment to come to the House for a discussion on the increased number of redundancies in the six-week period since the last sitting of the House. There have been several high-profile closures as well as numerous job losses in smaller businesses. The Jacob's factory in south Dublin is a landmark industry but production there will cease with significant job losses. Allergan announced job losses at its plant in Arklow today. In my area, we have had announcements of the closure of smaller businesses in Freshford, Callan and Kilkenny. It is appropriate that a debate on this issue should take place this week.

I agree with Senator Kelly's comments on the schools summer works scheme. As a former member of a school board of management, I am outraged at the Minister's decision to terminate this scheme. There is great pressure on parent councils and boards of management throughout the State to raise funds for the upkeep of schools. The summer works scheme provided essential services for many schools. There must be a full debate on how the Government proposes to replace the scheme and on the rationale for its termination.

Donie Cassidy (Fianna Fail)
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I begin by noting the sad passing of a great friend and colleague, the late, great Joe Dolan. Joe was a lifelong family friend. Like many people in Westmeath and throughout the midlands, our Christmas finished at 3.15 p.m. on St. Stephen's Day. Joe was a person who uplifted people in the 1960s, 1970s, 1980s, 1990s and into the 21st century. He was the greatest Irish entertainer of his time. He showed that the world of entertainment was one in which many of us could make our living and generate significant employment. Up to 10,000 jobs were created in an industry that evolved from the success of showbands.

Without doubt, Joe Dolan was the greatest Irish artist of his time. His record "Make Me an Island" went to No. 1 simultaneously in 14 countries. No Irish artist had achieved as much since the late John McCormack, another great Westmeath entertainer. The 15,000-strong attendance at Joe's removal and funeral was testimony to the esteem in which he was held by those who loved the entertainment he provided. Some queued for up to six hours to pay their respects. To his sisters, Imelda and Dympna, his brothers, Paddy, Ben and Vincent, and his nephews and nieces, I point to the words of Fr. Brian D'Arcy, a close family friend, at his funeral. He said: "Death can leave a heartache no-one can heal, but love leaves a memory no-one can steal." I thank the Cathaoirleach for allowing me the opportunity on the Order of Business to say these words.

I also take this opportunity to congratulate Senator Harris, our eminent new Member, on his marriage. We were all delighted to hear the news.

David Norris (Independent)
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What about congratulating Senator Harris's wife?

Donie Cassidy (Fianna Fail)
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I also congratulate Senator Bacik on the birth of her baby.

David Norris (Independent)
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Bravo.

Donie Cassidy (Fianna Fail)
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Many events take place during recesses, some joyous and others sad. I often wonder what we may face when we return or what joyous events there may be to celebrate.

Senators O'Toole, Fitzgerald and Alex White have all expressed concerns about particular issues of importance. Senator Fitzgerald correctly pointed to difficulties in the health service and I agree with her on many of these points. The health service now has an annual budget of €15 billion and the Minister for Health and Children has come to the House on several occasions to offer an up-to-date progress report. I will organise a debate on the latest developments in the health service at the earliest opportunity. It was uplifting to hear the Minister say on television in recent days that the talks between the Health Service Executive and the unions representing health service professionals were nearing completion. We all look forward to better health services and with the funding being made available by the Government we expect a major improvement this year and next year.

The Order of Business has been 40 minutes for a considerable time. One Senator cited the example of Senator Jim Dooge with whom I served, along with Senators John Ellis and Shane Ross who are the longest serving Members of the Oireachtas. Senator Jim Dooge was an eminent Leader of the House in his time. The two longest speeches made in either House were made by the legendary Senator Bernard McGlinchey who spoke in this House for eight hours and 20 minutes and, on another occasion, for seven hours and 15 minutes. If Senators wish to be long-winded, I have no difficulty with that. However, I recall that one of those who called for longer speaking times today begged me to conclude the proceedings of the House at 4.20 one morning. I would like consistency in the House.

Fidelma Healy Eames (Fine Gael)
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That is exaggeration.

Donie Cassidy (Fianna Fail)
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It is a fact. The Senator was not a Member of the House at the time, so I understand why she does not know what is going on.

Ministers must be available to listen to statements and the concerns of Senators. Between today and tomorrow, three Ministers will be present in the House. The Minister for Justice, Equality and Law Reform is available to come to the House at 3.50 p.m. today while the Minister for Education and Science will attend at 5.30 p.m. Tomorrow morning——

Jerry Buttimer (Fine Gael)
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It is their constitutional duty.

Donie Cassidy (Fianna Fail)
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I am briefing Members on what is happening in the House. The father of the House proposed an amendment to the Order of Business to debate an urgent matter and I have to take his request seriously. However, one cannot arrange a Minister to be present at five or ten minutes' notice. My telephone number is known to all Senators and if they telephone me three or four days in advance, I will do everything possible to arrange a debate.

Fidelma Healy Eames (Fine Gael)
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With respect, the Minister will be in the House.

Donie Cassidy (Fianna Fail)
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The Leader is not interrupted when speaking, as the Cathaoirleach will tell the Senator.

Senators Joe O'Toole, Déirdre de Búrca, Fidelma Healy Eames, David Norris, Shane Ross and many other Senators expressed their great concern about yesterday's High Court ruling. Given the separation of powers and the fact this case may be appealed to the Supreme Court, we should stand back. I will be advised by colleagues from all sides in regard to the request made to me. I will also discuss the request in respect of the family concerned with any colleague after the Order of Business. The deliberations of the Seanad have always had to take into account the separation of powers.

Senator Alex White expressed serious concerns about legislation coming before the House. The Government informs the Leader of impending legislation but if there is no legislation I try to arrange for Ministers to come to the House for debates requested by Senators. As I stated, the Ministers for Justice, Equality and Law Reform, Deputy Brian Lenihan, the Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan, and the Minister for Education and Science, Deputy Mary Hanafin will be in the House today and tomorrow, which is an acknowledgement of the importance of debates in the Seanad.

I consider the 70th anniversary of the Constitution a milestone in the success of our country and an acknowledgement of the vision of Éamon de Valera, the founding member of Fianna Fáil, and of the serious part he played in compiling it. I will lead the debate on this immediately after the Order of Business.

Senator Alex White called for a debate on e-mail, the Internet and on the retention of information for three years. I have no problem arranging for the Minister for Justice, Equality and Law Reform to come to the House to discuss this matter.

Senators Déirdre de Búrca, John Paul Phelan, Shane Ross and many other Senators expressed their shock at the announcement of the loss of 350 jobs in Arklow from next year. As Senator Déirdre de Búrca correctly pointed out, we are losing jobs because of low-cost economies. I visited many countries as Chairman of the Oireachtas Joint Committee on Enterprise and Small Business during the last Dáil. These Third World countries are the greatest opponents the IDA and Enterprise Ireland face because of the educational improvements in them. I will arrange for the Minister for Enterprise, Trade and Employment to come to the House to update us on what can be done in this regard. Last week I attended the meeting of the Oireachtas Joint Committee on Enterprise, Trade and Employment at which the successful Enterprise Ireland report was debated.

Senators Labhrás Ó Murchú, David Norris, Terry Leyden, Cecilia Keaveney, Rónán Mullen, Jerry Buttimer and many other Senators expressed concern about RTE discontinuing its medium wave service, particularly in regard to Irish emigrants in the UK and all the great programmes which are so uplifting such as "Ceili House", "Fáilte Isteach", the GAA games on a Sunday, other sporting events broadcast only on medium wave, Mass on a Sunday morning and the services of other denominations. I will endeavour to arrange an urgent debate on this issue next week.

Senator David Norris raised the funding of the national marine conservation and education centre and referred to the Minister of State, Deputy Sargent. I will come back to the Senator this evening on the updated position. I will also endeavour to come back to him on the Civil Partnership Bill.

Senator Terry Leyden referred to the Director of Public Prosecutions, Mr. Hamilton, and expressed his views on the situation regarding our colleague, Councillor Fahey from Galway. As the Senator is aware, the Office of the Director of Public Prosecutions is independent and it would be unfair of me to give an opinion on this but I will discuss it with him after the Order of Business.

Senators Eugene Regan and Fergal Quinn called for a debate on the Lisbon Treaty and the referendum. I will arrange for it to take place and will discuss a timeframe with the leaders after our meeting tomorrow morning.

Senator Regan expressed his appreciation of the importance of the Taoiseach's visit to Washington later this year. The Taoiseach is one of only five world leaders to address the UK Parliament and the United States Congress. It is a historic occasion and it is only right that perhaps the Cathaoirleach and I, as Leader, should represent this House in Washington.

Jerry Buttimer (Fine Gael)
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In the national interest.

Donie Cassidy (Fianna Fail)
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We will certainly not miss that historic occasion.

Senator Phil Prendergast called for a debate on health issues and Dublin maternity services and I will arrange for the Minister to come to the House. Senators Denis O'Donovan and Jerry Buttimer called for an urgent update on the Cork-Swansea ferry service. Perhaps we will ask the Minister to come to the House to outline the up-to-date position in this regard.

Senator Denis O'Donovan is concerned about Cork GAA and the Cathaoirleach let him make his views known. We wish Kieran Mulvey well in his discussions about the rebel county's participation in the all-Ireland series. On all-Ireland final day that county brings a strong ethos of the Gaelic Athletic Association to Parnell Square and all the areas around Croke Park.

Senator Mullen called for an urgent debate on lap dancing and the planning permission granted for it. To the older fogies who do not know what happens because they are in bed so early in the evenings——

Pat Moylan (Fianna Fail)
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The Leader, without interruption.

Donie Cassidy (Fianna Fail)
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Sometimes I am delighted to be as old as I am, because these unfortunate happenings never occurred when we were being entertained years ago. The lap dancing club issue should be discussed in the House. It is related to planning issues for local authorities. We wish to see how we can strengthen this to have these events discontinued. The Senator's call on me requires strong words.

Rónán Mullen (Independent)
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I am glad to hear it.

Donie Cassidy (Fianna Fail)
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Senator Doherty spoke about a debate which is taking place this evening during Private Members' Business. We all support the call for the marine rescue co-ordination centres in Malin Head and Valentia to be left where they are and for their facilities to be improved. The Senator also called for the Minister for State with responsibility for the Office of Public Works, Deputy Noel Ahern, to come to the House to discuss the requirements of the OPW. Living with the spirit of the programme for Government with colleagues in the Green Party and the Progressive Democrats Party, we can address all the issues so that the State service can play its part in the same way the private sector is expected to do.

Senator Buttimer called for a debate on the health service. I have no difficulty with this taking place. Senator Kelly called for a debate on FÁS and mature students. Up to 60% of all those at work today will have to be retrained by 2020 and FÁS has been given the task of carrying out this work. I agree with the sentiments expressed by the Senator and have no difficulty with a debate on the issue in the House.

I also support Senator Buttimer's call for an update on the mid-western development plan and Shannon Airport services. I promised that we would have a debate on tourism and I hope that will take place in the next two to three weeks.

Senator Donohoe called for the Minister for the Environment, Heritage and Local Government to come to the House to explain his Department's expenditure on innovation and research and those areas that will create jobs in future. I certainly have no difficulty in having the Minister come to the House for this.

Senator Coghlan made a very strong statement about Killarney House. If he wishes to table a motion for Private Members' business, he may do so. He may also wish to put it forward as a matter for the Adjournment. Otherwise we will try how we can facilitate the Senator's request.

Senator McFadden spoke about young people being denied access to dental care. I can make inquiries of the Minister for Health and Children about this issue and I will come back to the Senator in the next few days.

Pat Moylan (Fianna Fail)
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Senator Ross has proposed an amendment to the Order of Business, namely, that we discuss the judgment in the Ó Cuanacháin case immediately after the Order of Business. Is the amendment being pressed?

Shane Ross (Independent)
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Yes.